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L. A. BILL No. VIII OF 2023.

A BILL

to provide for the maintenance of certain essential services and the normal life

of the community; and to provide for the matters connected therewith or

incidental thereto.

WHEREAS it is expedient to provide for the maintenance of certain essential

services and the normal life of the community; and to provide for the matters

connected therewith or incidental thereto; it is hereby enacted in the Seventy-

fourth Year of the Republic of India, as follows :—

1. (1) This Act may be called the Maharashtra Essential Services Maintenance

Act, 2023.

Short title,

extent,

commencement

and duration.

In pursuance of clause (3) of article 348 of the Constitution of India,

the following translation in English of the Maharashtra Essential Services

Maintenance Bill, 2023 (L. A. Bill No. VIII of 2023), introduced in the

Maharashtra Legislative Assembly on the 10th March 2023, is hereby

published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

SATISH WAGHOLE,

I/c. Secretary (Legislation) to Government,

Law and Judiciary Department.

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(1)

RNI No. MAHENG /2009/35528

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(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force on such date as the State Government may, by

notification in the Official Gazette, appoint and shall cease to have effect on the

expiry of the five years from the said date except as respects things done or

omitted to be done before such cesser of operation of this Act ; and section 7 of

the Maharashtra General Clauses Act, shall apply upon such cesser of operation

of this Act, as if it had then been repealed by a Maharashtra Act.

2.

In this Act, unless the context otherwise requires, —

(a) “essential service” means,—

(i) any transport service for the carriage of passengers or goods, by

land or water, with respect to which the State Legislature has power to

make laws;

(ii) any service connected with the supply of gas or milk or water

or electricity with respect to which the State Legislature has power to

make laws ;

(iii) any service connected with the maintenance of public health

and sanitation including hospitals and dispensaries;

(iv) any public service, post and employment in connection with

the affairs of the State and also persons appointed to the secretarial

staff of both Houses of the State Legislature, and the officers and

employees of the High Court;

(v) any service or post in connection with the affairs of the local

authorities;

(vi) any other service, post, employment or class thereof, connected

with matters in respect of which the State Legislature has power to

make laws and when the State Government is of opinion that strike in

such service, post, employment or class thereof would prejudicially affect

the public safety or the maintenance of the supplies or services essential

to the life of the community or would result in the infliction of grave

hardships on the community, and which the State Government by

notification in the Official Gazette, declares to be an essential service

for the purpose of this Act;

(b) “strike” means the cessation of work by a body of persons employed

in any essential service acting in combination or a concerted refusal or a

refusal under a common understanding of any number of persons who are or

have been so employed, to continue to work or to accept employment, and

includes,—

(i) refusal to work overtime, where such work is necessary for the

maintenance of any essential service;

(ii) any other conduct, which is likely to result in, or results in,

cessation or substantial retardation of work in any essential service;

(c) words and expressions used in sections 5 and 6 and not defined

herein but defined in the Industrial Disputes Act, 1947, shall have the

meanings respectively assigned to them in that Act.

I of

1904.

Definitions.

14 of

1947.

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3.

(1) Every notification issued under sub-clause (vi) of clause (a) of section

2 shall be laid before each House of the State Legislature, immediately after it is

made, if it is in session, and on the first day of the commencement of the next

session of the House if it is not in session and shall cease to operate at the

expiration of forty days from the date of its being so laid or from the re-assembly

of the State Legislature, as the case may be, unless before the expiration of that

period, a resolution approving the issue of the notification is passed by both

Houses of the State Legislature.

(2) Where any notification ceases to operate by or under sub-section (1), the

cesser shall be without prejudice to anything done or omitted to be done before

such cesser.

Explanation.—Where the Houses of the State Legislature are summoned to

re-assemble on different dates, the period of forty days shall be reckoned from

the later of those dates.

4.

(1) If the State Government is satisfied that in the public interest, it is

necessary or expedient so to do, it may subject to the provisions of sub-section

(5), by general or special order, prohibit strike in such essential service from

such date as may be specified in the order.

(2) An order made under sub-section (1) shall be published in such manner,

as the State Government considers best calculated to bring it to the notice of the

persons affected by the order.

(3) An order made under sub-section (1) shall be in force only for six months

from the date specified therein, but the State Government may, by a like order

published in like manner, and subject to the provisions of sub-section (5), extend

it for a further period not exceeding six months, if it is satisfied that in the public

interest it is necessary or expedient so to do.

(4) Upon the issue of an order under sub-section (1) or sub-section (3),—

(a) no person employed in any essential service to which the order

relates shall go or remain on strike ;

(b) any strike declared or commenced whether before or after the issue

of the order, by persons employed in any such service shall be illegal.

(5) No order under sub-section (1) or sub-section (3) shall be made in

respect of—

(a) persons appointed to the secretarial staff of the Houses of the State

Legislature, except at the request of the Chairman of the Legislative Council

and the Speaker of the Legislative Assembly;

(b) officers and employees of the High Court, except at the request of

the Chief Justice of the High Court.

5.

(1) If the State Government is satisfied that in the public interest, it is

necessary or expedient so to do, it may, by general or special order, prohibit

lock-out in any establishment pertaining to any essential service specified in the

order.

(2) An order made under sub-section (1) shall be published in such manner

as the State Government considers best calculated to bring it to the notice of the

persons affected by the order.

Laying of

notification

before each

House of

State

Legislature.

Power to

prohibit

strike in

certain

employments.

Power to

prohibit

lock-out in

certain

establishments.

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(3) An order made under sub-section (1) shall be in force for six months only,

but the State Government may, by a like order, extend it for a further period not

exceeding six months, if it is satisfied that in the public interest, it is necessary

or expedient so to do.

(4) Upon the issue of an order under sub-section (1) or sub-section (3),—

(a) no employer in relation to an establishment to which the order applies

shall declare or commence any lock-out;

(b) any lock-out declared or commenced whether before or after the

issue of the order, by any employer in relation to an establishment to which

the order applies, shall be illegal.

(5) Any employer in relation to an establishment who commences, continues

or otherwise acts in furtherance of a lock-out which is illegal under this section,

shall, on conviction, be punished with imprisonment for a term which may

extend to six months, or with fine which may extend to three thousand rupees, or

with both.

6.

(1) If the State Government is satisfied that in the public interest it is

necessary or expedient so to do, it may, by general or special order, prohibit

lay-off, on any ground other than shortage of power or natural calamity, of any

workman (other than a badli workman or a casual workman) whose name is borne

on the muster roll of any establishment pertaining to any essential service

specified in the order.

(2) An order made under sub-section (1) shall be published in such manner,

as the State Government considers best calculated to bring it to the notice of the

persons affected by the order.

(3) An order made under sub-section (1) shall be in force for six months

only but the State Government may, by a like order, extend it for a further period

not exceeding six months if it is satisfied that in the public interest it is necessary

or expedient so to do.

(4) Upon the issue of an order under sub-section (1) or sub-section (3),—

(a) no employer, in relation to an establishment to which the order

applies, shall lay-off or continue the lay-off of any workman (other than a

badli workman or a casual workman) whose name is borne on the muster

roll of such establishment, unless such lay-off is due to shortage of power or

natural calamity; and any laying off or continuation of laying off shall, unless

such laying off or continuation of laying off is due to shortage of power or

natural calamity, be illegal;

(b) a workman whose laying off is illegal under clause (a) shall be entitled

to all the benefits under any law for the time being in force as if he had not

been laid-off.

(5) Any employer in relation to an establishment who lays-off or continues

the laying off of any workman shall, if such laying off or continuation of laying off

is illegal under this section, on conviction, be punished with imprisonment for a

term which may extend to six months, or with fine which may extend to three

thousand rupees, or with both.

7.

Any person who commences a strike which is illegal under this Act or

goes or remains on, or otherwise takes part in, any such strike shall, on conviction,

be punished with imprisonment for a term which may extend to one year, or with

fine which may extend to three thousand rupees, or with both.

8.

Any person who instigates or incites other persons to take part in or

otherwise acts in furtherance of, a strike which is illegal under this Act, shall, on

Power to

prohibit

lay-off in

certain

establishments.

Penalty for

illegal

strike.

Penalty for

instigation.

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conviction, be punished with imprisonment for a term which may extend to one

year, or with fine which may extend to three thousand rupees, or with both.

9.

Any person who knowingly expends or supplies any money in furtherance

or support of a strike which is illegal under this Act, shall, on conviction, be

punished with imprisonment for a term which may extend to one year, or with

fine which may extend to three thousand rupees, or with both.

10.

Any action taken under section 7, 8 or 9 shall not affect, and shall be in

addition to, any action of a disciplinary nature or any consequence which may

ensue, and to which any person may be liable by the terms and conditions of his

service or employment.

11.

(1) Notwithstanding anything contained in the Code of Criminal

Procedure, 1973, any Police Officer may arrest without a warrant any person

who is reasonably suspected of having committed any offence under this Act.

(2) All offences under this Act shall be non-bailable.

12.

The provisions of this Act or any order issued thereunder shall have

effect notwithstanding anything inconsistent therewith contained in the

Maharashtra Industrial Relations Act, the Industrial Disputes Act, 1947 or any

other law for the time being in force.

13.

(1) The Maharashtra Essential Services Maintenance Act, 2017

(hereinafter referred to as “the principal Act”) is hereby repealed.

(2) The repeal of the principal Act shall not affect-

(a) anything done or any action taken (including any notification or order

issued) under the provisions of the principal Act, or

(b) any right, privilege or obligation or liability acquired, accrued or

incurred under the principal Act, or

(c) any penalty or punishment incurred in respect of any offence under

the principal Act, or

(d) any investigation, legal proceeding or remedy in respect of any such

right, privilege, obligation, liability, penalty or punishment as aforesaid, and

any such investigation, legal proceeding or remedy may be instituted,

continued or enforced and any such penalty or punishment may be imposed

as if the principal Act had not been repealed.

Penalty for

giving

financial aid

to illegal

strike.

Action

under

section 7, 8

or 9 in

addition to

diciplinary

action.

Power to

arrest

without

warrant and

offences to be

non-bailable.

2 of

1974.

Act to

override

other laws.

Repeal of

Mah. XVIII of

2018 and

saving.

XI of

1947.

14 of

1947.

Mah.

XVIII

of

2018.

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STATEMENT OF OBJECTS AND REASONS.

The Government of Maharashtra has always had a realistic and sympathetic

approach while dealing with the legitimate demands, problems and grievances

of its employees and the employees of the Local Authorities and the employees

in the essential services, and has always endeavoured to solve them amicably

and promptly, as far as possible. There have, however, been certain occasions in

the past and there could be some occasions in the future, when it may not be

possible for the Government to agree to all the demands of such employees, some

of them sometimes being impracticable and even unreasonable. At such times,

the Government has to face the threat of such employees or of the employees of

such employers who are connected with the maintenance of essential services,

going on an indefinite strike which could have the effect of virtually crippling

the normal life of the community by disturbing the maintenance of supplies and

services essential to the normal life of the community.

2.

After the expiry of the Maharashtra Essential Services Maintenance Act,

1970 (Mah. IV of 1971) and the Essential Services Maintenance Act, 1981 (40 of

1981) of the Parliament, there was no law which could have enabled the State

Government to meet any situation which might have been created by any kind of

strike by such employees connected with the maintenance of essential services.

Therefore, with a view to meet effectively any such situation and to ensure that

the normal life of the community was not affected or disturbed by employees

concerned with the production and supply of essential services going on strike

or any such employers declaring “lock-out” or “ lay-off”, as the case may be, the

Maharashtra Essential Services Maintenance Act, 1994 (Mah. LIII of 1994) was

enacted, on the lines of the Essential Services Maintenance Act, 1981 (40 of 1981),

then enacted by the Parliament, to provide for the maintenance of certain

essential services and securing the normal life of the community. After expiry of

the said Act of 1994, the Maharashtra Essential Services Maintenance Acts were

enacted by the Maharashtra State Legislature, from time to time. The

Maharashtra Essential Services Maintenance Act, 2017 (Mah. XVIII of 2018) was

enacted which was in force for a period of five years from the date of its

commencement i.e. the 1st March 2018 and has expired on the 28th February

2023. Therefore, after 28th February 2023, there is no law which would enable

the Government to meet such situation, if it arises.

The Government is of the opinion that circumstances may continue to exist

justifying the continuation of the said provisions. It is, therefore, considered

expedient to re-enact the provisions of the said Maharashtra Essential Services

Maintenance Act, 2017, to ensure the maintenance of certain essential services

and securing the normal life of the community.

3.

Such law would only be an enabling measure. Besides enumerating

certain essential services in which “strikes” or “lock-outs” or “lay-offs” are

prohibited and would be illegal, power is also being taken to the State Government

to declare, by notification in the Official Gazette, any other service, post or

employment, etc., with respect to which the State Legislature has power to make

laws and the State Government is of the opinion that strike in such service, post

or employment, etc., would prejudicially affect the public life or the maintenance

of the supplies or services essential to the life of the community, as an essential

service for the purposes of such law.

4.

The Bill seeks to achieve the above objectives.

Mumbai,

EKNATH SHINDE,

Dated 6th March, 2023.

Chief Minister.

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MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative power,

namely :—

Clause 1 (3).–Under this clause, power is taken to the State Government

to appoint, by notification in the Official Gazette, the date on which the Act

shall come into force.

Clause 2 (a)(vi).–Under this clause, power is taken to the State

Government to declare, by notification in the Official Gazette, any service,

post, employment or class thereof in respect of which the State Legislature

has power to make laws, to be an essential service for the purposes of the

Act.

Clause 4.–Under this clause, power is taken to the State Government to

prohibit, by order, strike in any essential service from the date as may be

specified therein.

Clause 5.–Under this clause, power is taken to the State Government to

prohibit, by order, lock-out in any establishment pertaining to any essential

service specified therein.

Clause 6.–Under this clause, power is taken to the State Government to

prohibit, by order, lay-off of any workman of any establishment pertaining

to any essential service specified therein.

2.

The above-mentioned proposals for delegation of legislative power are

of a normal character.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.